Terms of service
OVERVIEW
Welcome to Poshley. The terms “we”, “us” and “our” refer to Poshley. Poshley operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a personalised shopping experience (the “Services”). Poshley is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, including any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights and cover topics such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (available here: https://getposhley.com/policies/privacy-policy. If you do not agree to these Terms of Service or the Privacy Policy, you may not access or use the Services.
ARTICLE 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country of residence, and that you have given us your consent to allow any of your minor dependants to use the Services on devices that you own, purchase, or manage.
To use the Services, including browsing our store or purchasing products, we may request certain information from you, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities under your account. You may not transfer, sell, assign, or license your account to any other person.
ARTICLE 2 – OUR PRODUCTS
We strive to provide accurate descriptions of our products and services. However, please note that colours and the appearance of products may vary from how they appear on your screen, depending on your device and its settings.
We do not guarantee that the appearance or quality of any products or services will meet your expectations or match the display or description in our store.
All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantity of products available per person, geographic region, or jurisdiction on a case-by-case basis.
ARTICLE 3 – ORDERS
When you place an order, you make an offer to purchase. Poshley reserves the right to accept or decline your order at our sole discretion, for any reason.
Your order is not accepted until Poshley confirms it. We must receive and process payment before your order is accepted. Please review your order carefully before submitting it. Once an order is accepted, we may not be able to cancel it.
If we do not accept, modify, or cancel an order, we will try to notify you using the email address and/or other contact details provided at checkout.
Returns and exchanges are only accepted in accordance with our Return and Refund Policy (available here: https://getposhley.com/policies/refund-policy. You represent and warrant that purchases are for personal use or household use only, and not for resale or export.
ARTICLE 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed, and will be shown in the order confirmation email.
Unless otherwise stated, prices displayed in our store do not include taxes, shipping fees, handling charges, customs duties, or import fees.
Prices shown in our online store may differ from prices in physical stores or stores operated by third parties. We may offer promotions from time to time which may be subject to separate terms and conditions. In the event of a conflict between promotion terms and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store, and to promptly update your information (including email address and payment details) so we can process transactions and contact you if needed.
You represent and warrant that:
(i) payment information you provide is true, correct, and complete;
(ii) you are authorised to use the payment method;
(iii) charges will be honoured by your payment provider; and
(iv) you will pay the charges incurred at the prices displayed, including any shipping or applicable taxes.
ARTICLE 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. Any delivery dates or times provided are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events outside of our control.
Once we hand over the products to the shipping carrier, ownership and risk of loss pass to you.
ARTICLE 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, branding, text, images, graphics, customer reviews, videos, audio, and the overall design and arrangement, are owned by Poshley, its affiliates, or licensors, and are protected by intellectual property laws.
These Terms allow you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Services without our prior written consent.
Nothing in these Terms grants you any licence or rights to use any intellectual property of Poshley, Shopify, or any third party, except as expressly stated.
The names, logos, product and service names, design elements, and slogans of Poshley are trademarks of Poshley or its affiliates/licensors. The name, logo, product and service names, design elements, and slogans of Shopify are trademarks of Shopify. All other names and marks are the property of their respective owners.
ARTICLE 7 – OPTIONAL TOOLS
We may provide access to third-party tools as part of the Services. We do not monitor or control these tools.
You acknowledge that we provide such tools “as is” and “as available” without warranties, representations, or conditions of any kind. We are not liable for any harm or damages related to your use of third-party tools.
ARTICLE 8 – THIRD-PARTY LINKS
The Services may include content and links to third-party websites. We are not responsible for evaluating the content or accuracy of third-party materials or websites.
If you leave our Services to access third-party websites, you do so at your own risk. Any complaints or questions regarding third-party products or services should be directed to the third party.
ARTICLE 9 – RELATIONSHIP WITH SHOPIFY
Poshley uses Shopify to power our store and provide the Services to you. However, all sales and purchases you make in our store are made directly with Poshley.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Poshley, including any injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from your purchases or transactions with Poshley.
ARTICLE 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here: https://getposhley.com/policies/privacy-policy
Because the Services are hosted by Shopify, Shopify also collects and processes information about your access to and use of the Services in order to provide and improve them. Information submitted through the Services may be transmitted to and shared with Shopify and other third parties, potentially in other countries, in order to provide services to you.
Please review our Privacy Policy for more information on how we, Shopify, and our partners use personal information.
ARTICLE 11 – FEEDBACK
If you submit ideas, suggestions, feedback, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial use.
We are not obligated to keep Feedback confidential, pay compensation, or respond to Feedback.
You agree your Feedback will not violate any third-party rights or contain unlawful, abusive, obscene, or harmful content.
ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our store that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct any errors and to update or cancel orders if information is inaccurate, at any time without prior notice.
ARTICLE 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services to:
(a) engage in unlawful or harmful activity;
(b) violate any laws or regulations;
(c) infringe our intellectual property or the rights of others;
(d) harass, abuse, insult, harm, defame, or discriminate;
(e) submit false or misleading information;
(f) transmit viruses or harmful code;
(g) send spam or unsolicited promotional material;
(h) impersonate others; or
(i) interfere with the security or operation of the Services.
We reserve the right to suspend or terminate your access if you violate these Terms.
ARTICLE 14 – TERMINATION
We may terminate this agreement or your access to the Services at any time without notice, at our discretion. You remain liable for amounts due up to the termination date.
Sections that by their nature should survive termination will remain in effect.
ARTICLE 15 – DISCLAIMER OF WARRANTIES
The Services and all products offered through the Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement.
We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.
Some jurisdictions do not allow limitations on implied warranties, so the above may not apply to you.
ARTICLE 16 – LIMITATION OF LIABILITY
To the maximum extent permitted by law, Poshley and its affiliates, partners, directors, officers, employees, agents, contractors, service providers, licensors, and Shopify and its affiliates shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of the Services or any products purchased through the Services.
ARTICLE 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Poshley, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any claim or demand, including reasonable legal fees, arising out of your breach of these Terms or your violation of any law or third-party rights.
ARTICLE 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed without affecting the validity of the remaining provisions.
ARTICLE 19 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms and any policies posted by us constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements or communications.
ARTICLE 20 – ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign these Terms at any time without notice to you.
ARTICLE 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands.
ARTICLE 22 – HEADINGS
Headings are included for convenience only and do not limit or affect these Terms.
ARTICLE 23 – CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, or replace any part of these Terms by posting updates on our website. It is your responsibility to check our website periodically for changes. Your continued use of the Services following any changes constitutes acceptance of those changes.
ARTICLE 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
getposhley@gmail.com